Terms & Conditions

Below are the Terms and Conditions for Global Magic Futures Limited trading as Engagement Multiplier. When signing the digital Licence Agreement, the Customer (you) agrees to pay the designated amount monthly, quarterly or annually. Any additional Licences are billed pro rata. This agreement will auto renew on your chosen billing cycle unless the Customer communicates otherwise with Engagement Multiplier. Should the Customer wish to cancel this Agreement, they must do so in writing. All cancellations require a minimum notification period of 30 days. Engagement Multiplier does not provide refunds.

Please read these Terms of Service carefully. They govern the Customers relationship with Global Magic Futures Limited and sets forth the Terms of Service under which Engagement Multiplier makes the internet website www.engagementmultiplier.com and its sister websites (together the “Website”), and the services available through the Website or otherwise provided by Engagement Multiplier.

  1. 1. DEFINITIONS AND INTERPRETATION

    1. In this Agreement, the following expressions have the following respective meanings (unless the context otherwise requires):
      1. “Charges” means the subscription charges.
      2. “Commencement Date” means the date on which this Agreement will come into effect as set out in the Licence Agreement.
      3. “Launch Date” means the date of the Customers first survey or 90 consecutive calendar days from the Commencement Date, whichever is sooner
      4. “Engagement Multiplier” means Global Magic Futures Limited, a private registered company incorporated in England and Wales with registered number 06595245 whose registered office is at 42 Berkeley Square, Mayfair, London W1J 5AW, United Kingdom. Subscription to the “services” provides the customer and it’s nominated ‘subscribers’ with access to The Engagement Multiplier Platform.
      5. “Quarter” means the consecutive three-month period from the Commencement Date and each three-month anniversary thereof.
      6. “Services” means the services available through the Website.
      7. “Subscriber” means an individual employee of the Customer on whose behalf the Customer has paid to subscribe to the Services provided through the Website.
      8. “Licences” means the user Licences purchased by the Customer which entitle Subscribers to access and use the Services. Licences are transferable from one Subscriber to another.
      9. “Website” means each of www.engagementmultiplier.com and hotels.engagementmutliplier.com operated by Global Magic Futures Limited and through which it provides Licence-based Services.
      10. “Year” means the period of 12 consecutive months commencing on the Commencement Date and each anniversary thereof, and “Yearly” shall be construed accordingly.
      11. “Month” means the period of each consecutive calendar months from the Commencement Date and each anniversary thereof.
      12. “Initial Period” means a period of 12 months from the Launch Date, unless Customer has elected a 3 year term with corresponding discounted Charges.
    2. References to persons include individuals, bodies corporate (wherever incorporated), unincorporated associations and partnerships.
    3. References to the singular include the plural, and vice versa.
    4. The Licence Agreement is incorporated into and forms part of this Agreement.
  2. 2. LICENCES

    1. In consideration of the payment by the Customer of the Charges, Engagement Multiplier shall provide such number of Licences as is set out in the Licence Agreement to the Customer. The number of Licences required by the Customer shall be reviewed at the end of the Initial Period and each subsequent Renewal Period (as defined below) and amended accordingly.
    2. Unless written confirmation otherwise is provided by an authorised member of Engagement Multiplier, licences will be provided to the Customer at the rate of;
      1. £40 + VAT per employee per Year when invoiced Yearly
      2. £12 + VAT per employee per Quarter when invoiced Quarterly
      3. £5 + VAT per employee per Month when invoiced Monthly
    3. The Minimum number of Licences shall be twenty.
    4. Engagement Multiplier shall provide the Customer with a unique licence code for each Licence which will permit the Subscriber, to which the unique licence code is provided, to access the Services.
    5. The Customer shall be responsible for allocating the Licences to the Subscribers.
    6. The Customer undertakes:
      1. to allocate each Licence to one Subscriber only; and
      2. not to allocate any Licences to any person who is not an employee of the Customer.
    7. The Customer acknowledges that the Services will be made available to the Subscribers subject to these terms and conditions unless changed by agreement in writing and signed by an authorised representative of Each Party. Any planned outages will be posted on the Website to inform subscribers.
    8. Engagement Multiplier offers a 98% uptime guarantee. In the event that the Website and/or the Services are unavailable for a period exceeding this uptime guarantee in any Quarter, the Customer shall be entitled to a pro-rata refund of the Charges for such Quarter.
  3. 3. DURATION

    1. This Agreement shall commence on the Commencement Date and shall continue for an Initial Period of 12 months from the Launch Date (the “Initial Period”). On expiry of the Initial Period the Agreement shall continue for successive 12 month periods (each a “Renewal Period“) unless either party gives not less than 30 days written notice that it wishes to terminate the Agreement, such notice to expire at the end of the Initial Period or any Renewal Period.
  4. 4. CHARGES AND PAYMENT

    1. The Customer shall pay the Charges to Engagement Multiplier for the Licences in accordance with this clause 4 and the Licence Agreement.
    2. The Customer shall provide to Engagement Multiplier valid, up-to-date and complete credit card details or approved purchase order information acceptable to Engagement Multiplier and any other relevant valid, up-to-date and complete contact and billing details and, if the Customer provides:
      1. its credit card details to Engagement Multiplier, the Customer hereby authorises Engagement Multiplier to bill such credit card on receipt of the Business Licence Agreement and the first day of each Renewal Period for the Charges payable in respect of the Initial Period or Renewal Period, as applicable.
      2. its approved purchase order information to Engagement Multiplier, Engagement Multiplier shall invoice the Customer on the first day of the first Year and at least 30 days prior to the first day of any subsequent Renewal Period, for the Charges payable in respect of the Initial Period or Renewal Period, as applicable, and the Customer shall pay each invoice immediately on receipt.
    3. The Licence Agreement will automatically renew at the end of each Initial Period or Renewal Period, as applicable, unless this Licence Agreement is terminated. To terminate this Licence Agreement, Customer must provide Engagement Multiplier with at least 30 days written notice. Customers will be charged per Licence at the rates defined in clause 2.2 per the existing billing arrangement.
      1. Paypal Reference Transactions are used to allow Engagement Multiplier to make subsequent transactions on a monthly, quarterly or annual basis until Customer terminates this Agreement. In order to cancel Reference Transactions, Customer must notify Engagement Multiplier in writing at least 30 days in advance of payment.
    4. If Engagement Multiplier has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of Engagement Multiplier, Engagement Multiplier may, without liability to the Customer or any Subscriber, disable the Licences provided to the Customer and access to all or part of the Services until such time as the payment(s) concerned is paid.
    5. All Charges stated or referred to in this agreement:
      1. shall be payable in the currency specified in the Licence Agreement;
      2. are non-cancellable and non-refundable (even if the number of Subscribers decreases during the applicable Initial Period or Renewal Period).
    6. Engagement Multiplier shall be entitled to increase the Charges at the start of each Renewal Period upon 60 days’ prior notice to the Customer and, unless the Customer serves a notice terminating this Agreement in accordance with clause 3, the Schedule shall be deemed to have been amended accordingly.
    7. Engagement Multiplier shall not be liable for any taxes which may be incurred by the Customer in connection with the subscription to the Services on behalf of Subscribers and the Customer shall be liable for any and all such taxes.
  5. 5. ADDITIONAL SUBSCRIBERS

    1. The Customer may increase its order of Licences at any time on the terms of this clause.
    2. Any additional Licences ordered will be purchased on the basis of the Charges, subject to clause 5.3 below.
    3. Additional Licences ordered will be billed pro rata to the number of days remaining in the Initial Period or Renewal Period, as applicable, and in each case payable on the date on which the order is placed.
  6. 6. TERMINATION

    1. Either party may terminate this Agreement with immediate effect by giving notice to the other (the “Defaulting Party”) if:
      1. the Defaulting Party is in breach of any of its obligations under this Agreement and, if the breach is capable of remedy, it has continued unremedied for a period of 30 days after the other party has given notice to the Defaulting Party specifying the breach and the steps required to remedy it; or
      2. the Defaulting Party shall have a receiver or an administrative receiver appointed over it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect, or if the Defaulting Party shall become subject to an administrative order or become bankrupt or shall enter into any voluntary agreement with its creditors or shall cease or threaten to cease to carry on business
    2. The termination of this Agreement (however caused) shall:
    3. be without prejudice to any other rights or remedies which either Engagement Multiplier or the Customer may be entitled to under this Agreement or at law;
    4. not affect any accrued rights or liabilities which either Engagement Multiplier or the Customer may then have; and
    5. not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
    6. On termination of this Agreement Engagement Multiplier may disable the Licences provided to the Customer and access to all or part of the Services by the Subscribers.
    7. Any fees paid by the Customer prior to termination of this Agreement shall not become repayable as a result of such termination.
  7. 7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    1. The Customer acknowledges that the Website and its contents are provided on an “as-is” and “as available” basis. Engagement Multiplier makes no representations or warranties of any kind, express or implied, with respect to the Website or its contents, including but not limited to the accuracy, suitability, reliability, completeness, performance, freedom from malicious programs (such as viruses, worms or trojan horses) or timeliness of content of Services or, to the extent permitted by law, implied warranties of merchantability or fitness for a particular purpose.
    2. To the fullest extent permitted by law, Engagement Multiplier expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    3. Engagement Multiplier shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement.
    4. Engagement Multiplier’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Charges paid for the Licences during the 12 months immediately preceding the date on which the claim arose.
    5. The only representations being relied upon in entering into this Agreement are set forth in this Agreement with Engagement Multiplier and Global Magic Futures Limited. The Customer shall hold any selling agent or introducing agent harmless from any and all liability related to the Customer’s use of the Services through the Website or any liability arising due to this Agreement.
    6. Nothing in this clause 7 shall exclude or limit Engagement Multiplier’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
  8. 8. CONFIDENTIALITY

    1. Engagement Multiplier shall not be required to provide Customer with any data supplied to it by Subscribers.
    2. If the parties exchange Confidential Information in performing their respective obligations under this Agreement, such Confidential Information shall be used solely for purposes consistent with this Agreement
    3. Except as may be otherwise agreed in writing, such Confidential Information shall be maintained as confidential by the receiving party and by members of any group company of the receiving party. The receiving party may disclose Confidential Information on a need-to-know basis to such party’s employees who agree to maintain the confidentiality of the disclosing party’s Confidential Information with the same degree of care as applies to the receiving party’s own Confidential Information.
    4. For the purpose of this clause 8, “Confidential Information” means any information acquired concerning the other party or a group company of the other party or its affairs including any data supplied by Subscribers to Engagement Multiplier, save that nothing in this clause 8 shall prevent the disclosure of any information received from the other party to this Agreement if such information:
      1. was in the possession of, or was known to, that party prior to its receipt from the other party; or
      2. is independently developed by such party without the utilisation of Confidential Information; or
      3. is in, or comes into, the public domain otherwise than as a result of its wrongful disclosure by such party; or
      4. is, or becomes, available to such party from a source other than the other party or any of its advisers, representatives, directors, officers, employees or agents; or
      5. is required to be disclosed by law or by an order of a court or tribunal of competent jurisdiction, the rules or regulations of any governmental official or regulatory body (provided that the other party is given prior written notice of such intended disclosure to the extent permissible by law).
    5. The terms and conditions of this clause shall survive the termination for any reason whatsoever of this Agreement.
    6. On termination of this Agreement, each party shall, with the exception of Confidential Information comprising data supplied by Subscribers to Engagement Multiplier:
      1. return to the other party all documents and materials (and any copies) containing, reflecting, incorporating or based on the other party’s Confidential Information;
      2. 8 erase all the other party’s Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third parties (to the extent technically practicable); and
      3. certify in writing to the other party that it has complied with the requirements of this clause, provided that a recipient party may retain documents and materials containing, reflecting, incorporating or based on the other party’s Confidential Information to the extent required by law or any applicable governmental or regulatory authority.
  9. 9. MISCELLANEOUS

    1. Engagement Multiplier shall not be liable for any delay or failure to perform any of its obligations under this Agreement if such delay or failure is due to any cause beyond its reasonable control.
    2. Intellectual Property Rights and Ownership of Data. Customers and Subscribers grand Engagement Multiplier an irrevocable licence to reproduce, display, publish, perform, aggregate, and otherwise exploit any Content, including survey questions, responses, and related data, in any format or media, whether now known or on a royalty-free basis and Engagement Multiplier shall not be required to pay any compensation or royalties for its use of the Content or Data.
    3. Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to the other party at the address given for that party in this Agreement. Any notice given under this Agreement which is sent by post in accordance with this clause which is not returned to the sender as undelivered shall be deemed to have been received two days after posting (if the address of the other party is in the United Kingdom) or four days after posting (if the address of the other party is outside the United Kingdom).
    4. This Agreement constitutes the entire agreement between the Customer and Engagement Multiplier. No addition to or modification of this Agreement shall be effective unless it is in writing and signed by a duly authorised representative of both the Customer and Engagement Multiplier.
    5. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture between the Customer and Engagement Multiplier or the relationship of principal and agent between the Customer and Engagement Multiplier.
    6. No delay or failure on the part of either party to exercise or to enforce any right given to it by this Agreement or at law, or any custom or practice of the Customer and/or Engagement Multiplier at variance with the terms of this Agreement shall constitute a waiver of either the Customer or Engagement Multiplier’s respective rights under this Agreement or operate so as to prevent the exercise or enforcement of any such right at any time.
    7. This Agreement may be freely assigned by Engagement Multiplier. The Customer shall not assign his rights under this Agreement other than to a subsidiary, parent or sister company of the Customer without the prior written consent of Engagement Multiplier.
    8. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Agreement. However, the validity and enforceability of the remainder of this Agreement shall not be affected.
    9. The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement.
    10. This Agreement shall be governed by and construed in accordance with English law and the Customer and Engagement Multiplier submit to the exclusive jurisdiction of the English courts.